House of Commons Hansard #160 of the 36th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was senate.

Topics

Privilege

10:05 a.m.

The Speaker

I am now prepared to rule on the question of privilege raised on Thursday, November 19, 1998 by the hon. member for Toronto Centre—Rosedale concerning the publication of a draft report of the Standing Committee on Foreign Affairs and International Trade on Canada's foreign policy regarding nuclear weapons.

First, I would like to thank the hon. member for his succinct and emphatic presentation as well as the hon. members for Fraser Valley, Beauharnois—Salaberry, Richmond—Arthabaska, Scarborough—Rouge River and Crowfoot for their valuable contributions on this question.

The hon. member for Toronto Centre—Rosedale and several other members explained that this is, by no means, the first time a case of this nature has been raised on the floor of the House.

In fact, a case virtually identical to this one was before us this time last year, to be precise, on December 9, 1997. I noted at page 2945 of Debates that:

No potential breach of in camera proceedings can be taken up without a specific allegation of misconduct directed against particular individuals... a complaint concerning premature publication of a committee report is incomplete without reference to a specific source responsible for the disclosure of the report.

The present case resembles both last year's case as well as a number of other recent cases where committee reports or draft reports have been leaked before the committees had presented their findings to the House.

Speakers' rulings are consistent in these cases. For example, Speaker Jerome on June 23, 1977 dealt with the premature publication of a subcommittee document where the question of privilege cited a press source for a leak but did not attempt to identify the source of the leak itself.

The Speaker declined to find the matter of privilege prima facie because the complaint did not deal with the responsibility of the House and its members with respect to premature disclosure. At page 1209 of Journals Speaker Jerome stated: “Since it misses that point, it misses something I think most important with respect to the privileges of the House”.

In the case before us today, I must therefore rule, as I have consistently done in the past, that the matter raised by the hon. member for Toronto Centre—Rosedale does not constitute a prima facie matter of privilege. However, that does not mean that the matter is not a serious one or that no action should be taken.

I would like to remind the House once again of a caution I issued in dealing with another case of this type on October 9, 1997, at page 689 of Debates :

Members of committees and ministers working with committees have an obligation to ensure that they themselves and those whose expertise they seek, be they personal assistants or departmental officials, respect the confidentiality of their documents and the integrity of their deliberations.

Committees must address their work processes and be very clear about how they expect draft reports and other material relating to in camera meetings to be treated. Everyone present at such meetings, including officials from departments and agencies, must realize their obligation to respect the confidentiality of the proceedings they witness and the material they may therefore be privy to.

With respect to the present case, it certainly remains open to the Standing Committee on Foreign Affairs and International Trade to pursue the question of how their draft report has been dealt with. Concerning the broader issue raised by the hon. member for Toronto Centre—Rosedale, it may be that the House or those whom the House has mandaterd to oversee the practices and procedures of this place will decide that it is time to examine this question in its entirety.

I thank the hon. member for Toronto Centre—Rosedale and all of the other interveners for raising the matter which I know both the Chair and the House itself view as one of great seriousness.

Privilege

10:10 a.m.

Reform

Randy White Reform Langley—Abbotsford, BC

Mr. Speaker, I rise on a point of order. I wish to thank you for that ruling, which I respect. I wonder if it would be more efficient and practical if we took it upon ourselves in the House this morning to refer this issue to the procedure and House affairs committee so that it may review it and take action on the issue since it really is not going to go away.

Privilege

10:10 a.m.

The Speaker

The House can do whatever it wants to do, but it is not the purview of the Speaker at this point to send this matter to the procedure and House affairs committee. I am always in the hands of the House in any case.

Privilege

10:10 a.m.

Reform

Randy White Reform Langley—Abbotsford, BC

Mr. Speaker, I would like to move that we refer the issue of the privacy and confidentiality of committee reports to the procedure and House affairs committee.

Privilege

10:10 a.m.

The Speaker

Does the hon. member have permission to put the motion to the House?

Privilege

10:10 a.m.

Some hon. members

Agreed.

Privilege

10:10 a.m.

Some hon. members

No.

Government Response To PetitionsRoutine Proceedings

10:10 a.m.

Peterborough Ontario

Liberal

Peter Adams LiberalParliamentary Secretary to Leader of the Government in the House of Commons

Mr. Speaker, pursuant to Standing Order 36(8), I have the honour to table, in both official languages, the government's response to 15 petitions.

Committees Of The HouseRoutine Proceedings

10:10 a.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

Mr. Speaker, I have the honour to present the sixth report of the Standing Committee on Fisheries and Oceans regarding its order of reference of Thursday, October 29, 1998 in relation to the supplementary estimates (B) for the fiscal year ending March 31, 1999 in regard to votes 1(b), 5(b) and 10(b) under fisheries and oceans.

Committees Of The HouseRoutine Proceedings

10:10 a.m.

St. Catharines Ontario

Liberal

Walt Lastewka LiberalParliamentary Secretary to Minister of Industry

Mr. Speaker, on behalf of the Standing Committee on Industry, I have the pleasure and honour to present its 11th report in accordance with its order of reference from the House of Commons of Thursday, October 29, 1998. The committee has considered votes 1(b), 5(b), 20(b), 25(b), 30(b), 35(b), 50(b), 55(b), 70(b), 75(b), 85(b), 90(b), 95(b), 100(b), 110, 115 and 120(b) under Industry in the supplementary estimates for the fiscal year ending March 31, 1999 and reports the same.

A copy of each of the relevant minutes of proceedings, meeting 74, is tabled and respectfully submitted by the chair, the hon. member for Essex.

PetitionsRoutine Proceedings

10:15 a.m.

NDP

Nelson Riis NDP Kamloops, BC

Mr. Speaker, it is a privilege for me to present a huge stack of petitions, probably in the tens of thousands, from people from Kamloops and other parts of British Columbia concerned about the unfair treatment of people who carry out acts of cruelty against animals.

They have a long list of court cases where it has become clear that individuals have been very cruel to animals and have not received virtually any sentence at all, a little tap on the wrist. They feel this is unfair. They point out that the government consider directing judges to take this issue more seriously and to consider increasing the penalties for those who carry out acts of cruelty against animals.

PetitionsRoutine Proceedings

10:15 a.m.

NDP

Nelson Riis NDP Kamloops, BC

Mr. Speaker, I have an additional petition that deals with international trade. All the petitioners are from Kamloops, British Columbia. They point out that any future trade agreement into which Canada may enter ought to include provisions to ensure actions against child labour and to include environmental standards and labour standards generally.

PetitionsRoutine Proceedings

10:15 a.m.

Bloc

Gérard Asselin Bloc Charlevoix, QC

Mr. Speaker, pursuant to Standing Order 36, I am laying before this House today two petitions signed by several hundred residents of the riding of Charlevoix.

In the first one, the petitioners call upon the government to put the surplus accumulated in the employment insurance account back into the pockets of the unemployed by revoking the current eligibility rules for new entrants and using surpluses for training for the unemployed, thereby promoting direct employment.

In a nutshell, current employment insurance eligibility rules should be revoked so that more unemployed people can have access to the plan.

PetitionsRoutine Proceedings

10:15 a.m.

Bloc

Gérard Asselin Bloc Charlevoix, QC

Mr. Speaker, in the second petition, gun owners request that the government repeal Bill C-68 and redirect the money being wasted on the licensing and registering of responsible law-abiding gun owners and their firearms toward more effective methods of reducing the number of victims of violent crime.

Questions On The Order PaperRoutine Proceedings

November 26th, 1998 / 10:15 a.m.

Peterborough Ontario

Liberal

Peter Adams LiberalParliamentary Secretary to Leader of the Government in the House of Commons

Mr. Speaker, I ask that all remaining questions be allowed to stand.

Questions On The Order PaperRoutine Proceedings

10:15 a.m.

The Deputy Speaker

Is that agreed?

Questions On The Order PaperRoutine Proceedings

10:15 a.m.

Some hon. members

Agreed.

The House resumed from November 25 consideration of the motion that Bill C-42, an act to amend the Tobacco Act, be read the third time and passed.

Tobacco ActGovernment Orders

10:15 a.m.

The Deputy Speaker

Is the House ready for the question?

Tobacco ActGovernment Orders

10:15 a.m.

Some hon. members

Question.

Tobacco ActGovernment Orders

10:15 a.m.

The Deputy Speaker

Is it the pleasure of the House to adopt the motion?

Tobacco ActGovernment Orders

10:15 a.m.

Some hon. members

Agreed.

Tobacco ActGovernment Orders

10:15 a.m.

Some hon. members

No.

Tobacco ActGovernment Orders

10:15 a.m.

The Deputy Speaker

All those in favour of the motion will please say yea.

Tobacco ActGovernment Orders

10:15 a.m.

Some hon. members

Yea.